The opinion of the court was delivered by: SPORKIN
Plaintiff Equal Employment Opportunity Commission ("EEOC") filed suit against the District of Columbia, Department of Human Services, under the Age Discrimination in Employment Act of 1967 as amended ("ADEA"), 29 U.S.C. § 621 et seq. Plaintiff contends that the defendant has violated and continues to violate the ADEA by failing or refusing to hire Dr. Raymond B. Kielich as a public health dental officer because of Dr. Kielich's age. At the time the alleged violation occurred, in the Spring of 1985, Dr. Kielich was 64 years old.
1. The plaintiff, EEOC, is an agency of the United States government charged, inter alia, with the administration, interpretation and enforcement of the ADEA.
2. Defendant is an agency of the government of the District of Columbia and an employer within the meaning of Section 11(b) of the ADEA, 29 U.S.C. § 630(b), through the application of Section 11(i), 29 U.S.C. § 630(i).
3. Dr. Kielich first applied for a position of Dental Officer with Defendant in 1984, in response to Vacancy Announcement DHS 84-141, which announced two vacancies. At the time of this application, Dr. Kielich was 63 years old.
4. A panel of Defendant's officials ranked all persons who applied for the two positions announced. Dr. Kielich was rated "Highly Qualified" by the ranking panel.
5. The Dental Officer positions announced in DHS-84-141 had supplemental ranking factors. Supplemental ranking factors are characterized in the announcements of the positions at issue as highly important to the applicable position. If a position includes supplemental ranking factors, each applicant is asked to provide complete and accurate information that describes "specific incidents of sustained achievements" showing the level at which the applicant meets each of the supplemental ranking factors. The three supplemental ranking factors for DHS-84-141 were:
1. Knowledge of current dental public health practices and their application to the community at large.
2. Ability to provide dental services to a wide spectrum of the population; including the handicapped population, the geriatric population; the pregnant teenage, preschool children, etc.
3. Ability to motivate and supervise personnel.
5. A separate committee of Defendant's officials interviewed Dr. Kielich and five other candidates who had been rated "Highly Qualified" by the ranking panel. The committee did not select any of the six candidates to fill the two announced positions. Instead, by memorandum returning the selection certificate, the Acting Chief of the Bureau of Dental Services indicated that the selection committee "has been unable to select suitable candidates" for the positions. The memorandum also stated that:
No reason was given why Dr. Kielich would be unable to provide "basic dental care to the District of Columbia."
6. Defendant did not select any candidates for the Dental Officer positions announced in DHS-84-141 in 1984, but instead issued a second announcement of vacancies for the Dental Officer positions in January, 1985. In this second announcement, DHS-85-143, defendant advertised for two temporary positions and four permanent positions.
7. The supplemental ranking factors for the second announcement, DHS-85-143, were:
1. Ability to practice as a clinical dentist on a full-time basis delivering a wide and comprehensive range of dental services.
2. Ability to treat, adapt, and relate to a low income underprivileged inner city population.
3. Ability to provide dental services to a wide spectrum of the population; including the handicapped population, the geriatric population; the pregnant teenager; preschool children, etc.
8. In January, 1985, Dr. Kielich received a letter informing him that the DHS-84-141 position for which he had applied had been withdrawn and that new positions were being advertised under DHS-85-143 for which he could apply.
9. In January, 1985, Dr. Kielich, then 64 years old, applied for both the temporary and permanent positions of Dental Officer.
10. Dr. Kielich submitted a statement of supplemental ranking factors in his standard Form 171 application for the positions advertised in DHS-85-143. Dr. Kielich's statement of supplemental ranking factors demonstrated his broad, comprehensive experience in each of the areas for which supplemental information was requested. Although on the form Supplementary Statement for Medical and Dental Officer, Dr. Kielich listed his experience in general private practice as from 1947 to 1950 and his specialized private practice in pedodontics from 1950 to 1978, Dr. Kielich described the nature of his practice in the space provided as encompassing the full range of dental services including restorative dentistry. Moreover, both Dr. Kielich's responses on the Form 171 application and his separate statement regarding the ranking factors described his private practice from 1947 to 1978 as that of a "dentist" and listed his extensive experience with handicapped and geriatric patients.
11. At the time of his application for the positions announced in DHS-85-143 in January, 1985, Dr. Kielich had 38 years of experience as a practicing dentist.